Nevada Court Orders State Medicaid Program to Cover Abortion

LAS VEGAS — Silver State Hope Fund, the American Civil Liberties Union, and the ACLU of Nevada announced today that they had reached a final order in their recent victory in Nevada state court, prevailing in their challenge to Nevada’s ban on Medicaid coverage for abortion as sex-based discrimination in violation of the state constitution's Equal Rights Amendment (ERA). The court’s written order — which is not subject to additional challenge — concludes the case and will require the state’s Medicaid program to cover abortion care. Following this ruling, the state will begin to take steps to extend coverage to abortion. The case is the first legal challenge under the ERA, which Nevada voters overwhelmingly approved in 2022. Nevada joins 18 other states that cover abortion under their state Medicaid program.

Silver State Hope Fund executive director Erin Bilbray-Kohn said:

“With this victory, more Nevadans will be able to make the best personal medical decisions for themselves and their families. We’re thrilled that the promise of our state’s Equal Rights Amendment will be fulfilled for more people, especially those who rely on Nevada Medicaid for essential health care, which, as the court recognized, includes abortion. We’re proud to stand up for the people we serve every day and will continue fighting until we all have dignified access to health care, regardless of sex, gender, or income level.”

ACLU Reproductive Freedom Project staff attorney Rebecca Chan said:

“We are excited about this victory and the court’s affirmation that Nevada’s Equal Rights Amendment prohibits discrimination on the basis of sex, including discrimination based on pregnancy and abortion. The court made clear that the state cannot withhold coverage for essential, sex-linked health care from low-income Nevadans. As a result of this decision, Nevadans who have Medicaid as their health insurance will no longer need to fear that they will be forced to carry a pregnancy against their will. The successful conclusion of this case brings us one step closer to a future where every person, regardless of their income level, has the power to make personal medical decisions during pregnancy, including the decision to have an abortion.”

ACLU of Nevada legal director Chris Peterson said:

“A right that a person cannot afford is no right at all. This case is about more than state Medicaid coverage; it’s about affirming that Nevada’s Equality of Rights of Amendment is more than words on a page.”

Following the Supreme Court’s decision to overturn Roe v. Wade in 2022, Nevadans overwhelmingly adopted an ERA to the state constitution, ensuring equality under the law regardless of race, sex, gender, sexual orientation, and more. The lawsuit brought by Silver State Hope Fund — a Nevada nonprofit that offers financial assistance to help people pay for abortion, as well as travel, lodging, and childcare to ensure they can access care — challenged the state’s Medicaid coverage ban as a violation of Nevada’s ERA.

The mission of Nevada’s Medicaid program is to ensure equal access to health care by providing quality medical care for low-income individuals and families who otherwise may not be able to afford health care. Despite that mission, the program used to deny coverage for abortion — meaning the majority of Silver State Hope Fund’s clients could not get full coverage for their reproductive health care needs. Because the abortion coverage ban reinforced sex-based inequalities by denying only those who can become pregnant the ability to make decisions about their health care options and reproductive futures, the court’s order striking the ban is a victory for equality everywhere.